Question about Domicile vs. Residence (personal info)

[christinamp 0]

Hi all,

I'm new here but have been lurking around without being a member for ages. I'm currently at the stage to be collecting and filling out all my spouse's i-864 documents, etc, and I have a bit of a worry over my situation in particular. I've seen similar discussions around but none as specific to my situation as I'd hoped, so forgive me if I'm retreading old ground here. I was a student in the UK on a student visa for three years. I got married in September. I filed my i-130 from my parent's house in America (where we plan on moving) a few days afterwards. My UK visa expired in October and I did leave before its expiry date - I have every intention of returning permanently to the United States, but I'm currently still entering the UK as a vistor/tourist, i.e. - not working, etc - and living with my spouse. We obviously didn't want to be separated so soon after being married, otherwise I would have just stayed in the US and settled back in there. While what I'm doing is certainly not wrong or in violation of any immigration categories, it's slightly awkward as far as the i-864 domicile vs. residence thing.

Here's the fix: on my i-130, I put my US address in but noted that my husband and I had last lived together for 2 years at a UK address. On the i-864, I was thinking of putting in US as my mailing address & as my country of domicile, but the UK as current country of residence. On a cover letter with proof of US domicile, I phrased the situation kind of vaguely, along the lines of "periodically staying the UK as a visitor, plans to move back to US". Do I have this backwards or wrong? I don't want to cause any unnecessary confusion, particularly for my spouse at the embassy interview later on - I'm registered as the Choice of Agent at my parents' US address & contact numbers, but I am spending the majority of my time in the UK. I'm not 100% sure yet whether I will move back to the US before his interview or whether I'll try to be here for it and travel with him back to the States. My main concern is: is this likely to cause confusion or suspicion or is this type of thing pretty inconsequential? I have been as clear as possible on all my forms about my immigration history, current residence, etc. Also, should I put UK as country or residence or mailing address? And US as domicile? Any help or advice would be greatly appreciated, thank you!!!

[speedwell 224]

Chris, domicile is where your home is established, to put it one way. Nothing you say leads me to believe that you LIVE in the US, and your intent is not proof.

Domicile is established by things like bank accounts in the US that you use to pay bills on a residence you maintain in the US, having a job in the US, being in the US military, or being a US diplomat. I encourage you to Google domicile requirements for immigration and see if you can provide as much of that info as possible. Even showing steps you are taking to re-establish good-faith domicile can be helpful, such as opening US bank accounts or providing an apartment lease or homebuying documents for a US property. A letter from a US employer verifying your new job in the US is good as supporting documentation. Someone here even got their parents to write a lease for the space in their home where the couple would live after they moved back to the US.

[christinamp 0]

Hi, thanks for the reply.

I have maintained a joint bank account with my mother which has been active for the past 3 years, so I will certainly include that. I could definitely also work on getting my parents to draw up some kind of official document which allows for us to live with them. The main issue seems to be my age in most regards; I lived in America until I was 18, but my driving licence has expired, I don't have car insurance, tax history, etc because I was so young. I could try and think about potential employers as well, I suppose that would help. I have a voter registration number and casted an absentee ballot in the most recent election, as well, so maybe I'll add that in as well. I suppose I'll have to get to brainstorming about other ways to show proof of domicile.

Are there any particular ways you would suggest wording the situation so that it reinforces the 'temporariness' of my stay in the UK? Thanks again for your help. x

[speedwell 224]

Hi, thanks for the reply.

I have maintained a joint bank account with my mother which has been active for the past 3 years, so I will certainly include that. I could definitely also work on getting my parents to draw up some kind of official document which allows for us to live with them. The main issue seems to be my age in most regards; I lived in America until I was 18, but my driving licence has expired, I don't have car insurance, tax history, etc because I was so young. I could try and think about potential employers as well, I suppose that would help. I have a voter registration number and casted an absentee ballot in the most recent election, as well, so maybe I'll add that in as well. I suppose I'll have to get to brainstorming about other ways to show proof of domicile.

Are there any particular ways you would suggest wording the situation so that it reinforces the 'temporariness' of my stay in the UK? Thanks again for your help. x

Have you filed taxes in the US for the time you were away? As a US citizen, you were obliged to do this, even though you were young and did not owe any taxes. You can catch up on the last three years, so that you can show tax statements or certifications that you didn't make enough to file. There's lots of info on the forum and on the Internet generally about how to do this. The voter registration is excellent, as well as evidence that you cast your ballot, if you have it. Your parents might be able to write an affidavit (official letter) stating that they considered you to be resident with them permanently while you were overseas for school or work. If your work sent you overseas, maybe they can state that it was intended to be temporary.

I urge you, incidentally, not to LIE to Immigration because they do investigate and you'd be surprised what they can find out.

And how did you manage to get "England" in your profile? I don't see anything but "United Kingdom" and I wanted "Northern Ireland", heh.

[dwheels76 5,486]

Also may I suggest you coming to the NVC filers thread and read Post #2. Has good info on re-establishing domicile.

http://www.visajourney.com/forums/topic/412212-nvc-filers-february-2013/

[Nich-Nick 3,354]

On the i-864, I was thinking of putting in US as my mailing address & as my country of domicile, but the UK as current country of residence.

On first read, I think the opposite. You are not a resident in the UK. You are currently a tourist. You've got no student visa or Indefinite Leave to Remain (ILR) from the UK government that allows your residence.

Here's something from the embassy in London on the subject of domicile.

http://london.usembassy.gov/faq_i864_domicile.html

[speedwell 224]

On first read, I think the opposite. You are not a resident in the UK. You are currently a tourist. You've got no student visa or Indefinite Leave to Remain (ILR) from the UK government that allows your residence.

Here's something from the embassy in London on the subject of domicile.

http://london.usembassy.gov/faq_i864_domicile.html

I thought so too for a bit, but the question is whether the OP could be said to have relinquished domicile in the US, not whether she established it somewhere else. If she still had a valid student visa, then that would probably be good enough evidence of a temporary stay, along with evidence that she maintained a primary home in the US.

[mopan 1]

does this mean she should put the english address as her current residence and if so does she need to file a change of address since she listed the american one on the i-130. i am in the exact same predicament.

[Nich-Nick 3,354]

I thought so too for a bit, but the question is whether the OP could be said to have relinquished domicile in the US, not whether she established it somewhere else. If she still had a valid student visa, then that would probably be good enough evidence of a temporary stay, along with evidence that she maintained a primary home in the US.

I was just thinking in terms of filling out the form.

Part 3

12. Mailing address

13. Residence (if different than the mailing address)

I can see where a mailing address could be a PO Box and #13 is for the physical address. I was just commenting that a tourist destination is not really the residence. I spent a month in England. Cooked breakfast, washed clothes, and went to the market but I was still a tourist in the UK and that house was not my residence. I think her permanent residence is the US because she is no longer on a student visa in the UK. She is just visiting at the time she signs this I-864. I don't think domicile is an issue since she returned to the US after her authorized student residence in the UK. Now she is on holiday instead of getting a job to support her husband, so it complicates her affidavit of support. Just my opinion.

[speedwell 224]

I was just thinking in terms of filling out the form.

Part 3

12. Mailing address

13. Residence (if different than the mailing address)

I can see where a mailing address could be a PO Box and #13 is for the physical address. I was just commenting that a tourist destination is not really the residence. I spent a month in England. Cooked breakfast, washed clothes, and went to the market but I was still a tourist in the UK and that house was not my residence. I think her permanent residence is the US because she is no longer on a student visa in the UK. She is just visiting at the time she signs this I-864. I don't think domicile is an issue since she returned to the US after her authorized student residence in the UK. Now she is on holiday instead of getting a job to support her husband, so it complicates her affidavit of support. Just my opinion.

Yeah, it's tricky. Thanks.

[christinamp 0]

Have you filed taxes in the US for the time you were away? As a US citizen, you were obliged to do this, even though you were young and did not owe any taxes. You can catch up on the last three years, so that you can show tax statements or certifications that you didn't make enough to file. There's lots of info on the forum and on the Internet generally about how to do this. The voter registration is excellent, as well as evidence that you cast your ballot, if you have it. Your parents might be able to write an affidavit (official letter) stating that they considered you to be resident with them permanently while you were overseas for school or work. If your work sent you overseas, maybe they can state that it was intended to be temporary.

I urge you, incidentally, not to LIE to Immigration because they do investigate and you'd be surprised what they can find out.

And how did you manage to get "England" in your profile? I don't see anything but "United Kingdom" and I wanted "Northern Ireland", heh.

I don't know, "England" was what I saw on the drop-down list!!

Of course, I don't intend to lie to immigration - I just don't want anything to SEEM dodgy, know what I mean? The voter reg & parent's affidavit should be perfect. Unfortunately I let my driver's permit expire. Do you think if I got a new one in the next couple of months I could include it on the domicile list? Or because I did let it expire at one point that it wouldn't make any difference? I'm all OK on the taxes front, in any case. Thanks again for all the help everyone.